This consultation was open from:
August 31, 2023
to October 30, 2023
Decision summary
We are moving forward with regulatory changes that will require proponents to self-register more types of waste management systems online. These changes will make it easier for the waste management sector to obtain environmental permissions and begin operations faster, while continuing to protect human health and the environment.
Decision details
Ontario is streamlining environmental permissions for more types of waste management systems by creating smarter and more efficient environmental permissions processes that reduces unnecessary burden for businesses while protecting human health and the environment. A waste management system consists of vehicles used to collect, handle, transport and transfer waste.
Requiring businesses to self-register systems that manage additional types of waste on the Environmental Activity and Sector Registry (EASR) and follow a standard set of requirements, provides a more flexible approval process by removing the need to obtain an Environmental Compliance Approval (ECA), and allows businesses to begin operations faster.
The original proposal considered amending Ontario Regulation 351/12 under the Environmental Protection Act to move waste management systems that manage the following wastes and activities (as defined in Regulation 347 or in Guideline C-4: The Management of Biomedical waste in Ontario) to a registration-first approach, removing the need to wait for a ministry review for certain waste types and activities:
- asbestos waste
- biomedical waste
- treated biomedical waste
- hazardous waste (including polychlorinated biphenyl [PCB] and naturally occurring radioactive material [NORM] waste)
- liquid industrial waste
- certain types of treated hazardous waste
- certain types of temporary in-vehicle storage of waste storage within vehicles in specific situations:
- temporary in-vehicle storage of waste overnight for waste that is destined out of province where waste cannot be delivered on the same day as it is picked up, or
- temporary in-vehicle storage of waste until the next business day for hauled sewage
After considering all comments received on the proposal, the ministry decided to revoke Ontario Regulation 351/12 and replace it with a new regulation (Ontario Regulation 119/25), with the following notable changes:
Waste types:
- waste management systems that manage biomedical, treated biomedical, PCB and NORM waste types will not be moved to a registration-first approach as part of this proposal and will continue to require an ECA from the ministry
Insurance:
- the current insurance coverage amount in the existing EASR regulation (two million dollars) will be retained without specifying the amount required to be set aside for spill cleanup by leaving the insurance clause in the current regulation unchanged:
“Every waste transportation vehicle used for transporting the waste shall be insured under an insurance policy under which the minimum coverage is $2,000,000 and that includes coverage for liability resulting from spills from that vehicle.”
Proponents are required to operate registered waste management systems in accordance with the province’s strict environmental standards. Proponents are required to comply with environmentally protective requirements outlined in the new regulation, such as:
- additional driver training requirements
- integrated prevention and contingency planning
- updated operational requirements
The ministry has a mandate to conduct compliance inspections, including compliance assessment of registered activities, to protect the environment and human health. Registrations will be periodically audited by the ministry to verify compliance with the regulatory rules established in the new regulation.
To enable these changes, minor consequential amendments have also been made to Regulation 347.
Analysis of Regulatory Impact
The regulatory changes will streamline permissions for more types of waste management systems, allowing them to begin operations faster.
Registrants are expected to see estimated total cost savings of $3.82 million and savings of approximately 7,000 regulatory compliance hours over the next 10 years.
Effects of consultation
Collectively, the ministry received a total of 5,642 comments via email on four concurrent permissions modernization proposals. Of these emailed comments, 5,250 (or 93%) of the comments were part of letter writing campaigns related to this proposal and the other proposals linked below (please refer to the “related ERO notices” section below).
Specific to this proposal (019-6963), the ministry received 147 comments through the Environmental Registry and 19 submissions through email, for a total of 166 comments that were not part of the letter writing campaign.
The ministry considered all feedback received during the comment period for this posting. The ministry received comments from a wide range of interested parties, including:
- members of the public
- municipalities
- companies in the waste sector
- technical consultants
- industry and professional associations
- Indigenous communities and organizations
Certain municipalities and associations were supportive of the proposal to reduce red tape and move more activities into a registration-first approach that allows online registration instead of applying for an ECA.
During the proposal posting, the ministry received comments related to the following themes:
- Concerns with moving specific waste types into EASR
- Potential for reduced ministry oversight and impact on the environment
- Insurance
- Temporary in-vehicle storage of waste
1. Moving Specific Waste Types into EASR:
- concerns with moving waste management systems transporting hazardous waste, such as PCB and NORM wastes, and biomedical and treated biomedical waste to a registration-first approach.
- industry stakeholders also requested that the ministry not move waste management systems that haul PCB, NORM and biomedical waste types to a registration-first approach as it would reduce the flexibility that they have under the ECA process today.
The new regulation incorporates requirements of the current approvals framework to manage the potential impact associated with these waste management systems, keeping appropriate environmental protections in place.
In addition, proponents of waste transportation systems that currently operate with an EASR registration will also have to follow updated standardized operating requirements that are intended to safeguard human health and the environment. These updated requirements are consistent with current ministry and industry best practices such as:
- requiring drivers/operators to be trained at least once every 36 months (prior to the proposed changes, they only needed to be trained once).
- requiring spill prevention and contingency plans to better address any spills related to waste management systems.
As mentioned in sections above, the ministry will not be proceeding with moving waste management systems for PCBs, NORMs and biomedical waste to a registration-first approach. Consequently, financial assurance requirements will be maintained for these systems.
2. Potential for reduced ministry oversight and impact on the environment:
- concerns with how the ministry would be able to address the lack of upfront ministry review and how the ministry would assess compliance of proponents on EASR. In addition, other stakeholders expressed concerns related to improper management of hazardous waste.
The ministry determined that even after a ministry review, ECAs contained standard terms and conditions to manage these types of wastes. Therefore, these activities can be effectively managed by requiring all operators to follow updated operational requirements that reflect current ministry and industry best practices for the transportation of waste within Ontario’s waste management sector. The ministry also maintains its authority to inspect registered systems to assess and verify compliance.
3. Insurance:
- some stakeholders noted that the insurance language in the current regulation is vague and not reflective of how insurance policies are currently offered and claimed in Ontario.
The ministry decided to keep the insurance clause in the current regulation unchanged as the language in the regulation is outcome based and provides flexibility on the types of insurance required to satisfy the obligation where businesses can determine the specific insurance they require based on their operations. The regulation will continue to set the minimum requirement (of two million dollars) and require businesses to have additional coverage for spills.
Waste management systems transitioning into EASR will have updated insurance requirements compared to ECA requirements, with a portion set aside for spills.
4.Temporary in-vehicle storage of waste:
- we received a few comments to expand the proposal further, including requests to allow temporary in-vehicle storage of non-hazardous waste.
The ministry made changes to allow for the temporary in-vehicle storage of waste for certain activities based on waste types and operations (for example, for waste destined for out of province). In the future, the ministry may explore if similar conditions can be expanded to include other waste types (such as for non-hazardous waste).
Other comments
We received some comments that were outside the scope of the proposal and will be considered in the context of other initiatives. For example, we received several comments that the online self-registration system should be improved.
Next steps
The regulatory changes will come into effect on August 1, 2025.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
Ontario is working to create smarter and more efficient environmental permissions processes that reduce unnecessary burden for businesses and maintain our province's strict environmental standards.
Making additional waste management systems eligible to register on the existing Environmental Activity and Sector Registry (EASR) provides a more flexible approval process and allows businesses to begin operations faster.
The EASR is an online self-registration system that allows businesses engaging in certain activities described in the Regulations that are routine and well understood to register with the ministry. If certain eligibility criteria and operational requirements set out in the Regulations are met, businesses can register on the EASR rather than applying for an Environmental Compliance Approval (ECA) through the normal application submission and review process.
Proposed amendments to streamline permissions for waste management systems
The ministry is proposing amendments to Ontario Regulation 352/12: Registrations Under Part II.2 of the Act – Waste Management Systems under the Environmental Protection Act.
The proposed changes will streamline the approval process for waste management systems by expanding the existing eligibility criteria under Ontario Regulation 351/12 to include waste management systems that manage the following wastes:
- Asbestos waste as defined in Regulation 347.
- Biomedical waste as defined in the ministry publication “Guideline C-4: The Management of Biomedical Waste in Ontario.”
- Treated biomedical as defined in the ministry publication Guideline C-4: The Management of Biomedical Waste in Ontario.
- Hazardous waste as defined in Regulation 347.
- Liquid industrial waste as defined in Regulation 347.
- Waste that was characteristic waste but that has been treated so that it is no longer characteristic waste. if the waste may not be disposed of by land disposal pursuant to subsection 79 (1) of Regulation 347.
The proposal would also expand the list of waste activities to include:
- in-transit storage of waste based on waste types and operations.
The ministry is also considering the removal of financial assurance requirements that currently apply only to PCB and Biomedical waste haulers, and instead require eligible waste management systems to carry an insurance policy for the liability resulting from spills.
In addition, due to the complexity of handling various waste types with different risks, the regulatory proposal also includes technical and operating requirements for each waste type that support the protection of the environment and the public. The requirements include:
- truck operation and identification
- record keeping
- documentation
- training
- insurance
Please refer to the discussion paper in the Supporting Materials section of this notice for further details.
The proposal would continue to ensure that waste management systems in Ontario are managed in accordance with the province’s strict environmental standards. The ministry would retain its ability to inspect activities and ensure that they are complying with all relevant environmental standards and requirements.
Registration on the EASR is immediate, which means registrants may complete their assessments, register online, and undertake an activity once confirmation of registration has been given. Although the ministry does not actively review such registrations at first instance, registrations will be audited periodically to ensure compliance. Registrants will still have to abide by all relevant regulatory obligations related to the registered activity.
The ministry maintains the authority to:
- inspect facilities;
- ensure compliance with regulatory requirements; and
- review records and reports related to the registered activity.
Background
Currently, waste management systems in Ontario must obtain an ECA, self-register on the EASR depending on the waste type and activity or may meet the criteria for exemptions in regulations.
Eligibility to self-register on the EASR is set out in Ontario Regulation 351/12, which came into force in 2012, and streamlines the permissions process for waste management systems:
- that met the definition of waste transportation systems as defined in Regulation 347.
- whose activities were limited to the collection, handling, transportation, and transfer of waste, and that managed non-hazardous waste only.
Activities that meet the criteria outlined in Ontario Regulation 351/12 are no longer required to go through a lengthy review process to obtain an ECA and can operate upon registration to the EASR.
Currently under Ontario Regulation 351/12, the transportation of the following waste types cannot be registered to the EASR: asbestos waste, biomedical waste, treated biomedical waste, and liquid industrial and hazardous waste.
All other waste types and waste activities not currently eligible for EASR or exemption must have an ECA and follow all applicable regulations and guidelines.
How the proposal streamlines permissions?
The proposal streamlines permissions by allowing more waste management systems in Ontario to be registered on the EASR. This facilitates the permissions process for proponents that transport waste by reducing administrative burden and application review time, as registrants will no longer submit an application to the ministry that requires a technical review.
This proposal is also an opportunity to strengthen ministry oversight by updating operational requirements to reflect current ministry and industry practices for the transportation of waste within the waste management systems sector.
Public consultation opportunities
This proposal is open for a 60-day public review and comment period. We encourage interested parties to submit comments on the proposal, including the attached discussion paper which provides greater detail on the proposed amendments.
While previous EASR proposals included a second posting of the draft regulation, this proposal is expected to be the only opportunity for public consultation. The comments we receive through this consultation will be considered in finalizing the regulation.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from August 31, 2023
to October 30, 2023
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
147By email
5,642By mail
0